OKDHS 340:50-5-85

OKDHS 340:50-5-86

OKDHS 340:50-5-87

OKDHS 340:50-5-100

OKDHS 340:50-5-101

Younger than 16 or 60 years of age and older

• A person age 16 or 17 who is attending school, not the head of household or is enrolled in an employment training program at least half-time is also exempt.
• If the person turns 16 (or 18 if previously exempt) work registration must be addressed at the next recertification.

See Frequently Asked Questions

Medically Unfit for Employment

A doctor’s statement or statement from medical professional does not have to say unable to work. It just needs to establish impairment in ability to work. Receipt of certain benefits such as VA disability, vocational rehabilitation, social security disability or SSI (supplemental security income) can make an individual eligible for exemption. Exemptions based on worker observations must be clearly case noted.
See Frequently Asked Questions

Caretaker Exemption

• The caretaker of the incapacitated person does not have to live in same household as the person for whom the care is provided. Worker should verify with the incapacitated person for whom the care is given if possible.
• For children, only one adult per child under the age of 6 can be exempt. Child needs to be in the same household.

See Frequently Asked Questions

Unemployment Insurance Benefits

• Check PY or OWL screens in IMS or the client’s OESC (OK Employment Security Commission) letter.
• Exemption also extends to the appeals process.
• Having an open UIB application is enough to be exempt. This can be confirmed using OWL screen in IMS.

See Frequently Asked Questions

Drug or Alcohol Addiction Treatment

• AA (alcoholics’ anonymous) and NA (narcotics’ anonymous) work if part of the individual’s treatment program, but do not by themselves exempt.
• Need verification of treatment plan.

See Frequently Asked Questions

Eligible Student Enrolled at Least Half Time

• Half time is as defined by school / educational institution.
• Includes programs which do not require a GED or high school diploma for enrollment.
• If a GED or high school diploma is required for enrollment, the client must meet student policy found in 340:50-5-45.
• If student graduates, enrolls less than half-time, is suspended, expelled, drops out, or does not intend to register for the next regular school term (excludes summer / winter) worker must address work registration. (find another exemption or register to work)

See Frequently Asked Questions

TANF Work Program

• Registered or participating in the TANF WEP (Work Experience Program).

Employed at Least 30 Hours per Week

• Those working at least 30 hours per week automatically qualify as exempt regardless of the amount earned or how they are paid, such as: work performed in exchange for rent or other goods and services.
• An employed or self-employed person working a minimum of 30 hours weekly
• Income equivalent to 30 hours per week times minimum wage will qualify as an exemption.
  • Current minimum wage $7.25 x 30 hrs/wk = $217.50 gross wages. So a person worked 15 hrs/wk at $18 per hour would be exempt. (15 x $18 = 270 gross wages).

See Frequently Asked Questions

Exemption FAQS

Younger than 16 or 60 years of age and older

Q1. Mallory, age 17, is no longer attending school due to pregnancy. She lives with her parents and is planning on obtaining her GED the next semester. Is Mallory exempt from work registration?

Mallory is considered exempt from work registration as she is not the head of household. She is living with her parents.

Medically Unfit for Employment

Q1. A 34-year-old male is applying for SNAP. He presented a physician’s statement reporting, “patient’s capacity to tolerate stress associated with work activity is severely impaired by the combination of his back problems and mood disorder. It is only his strong work ethic that forces him to continue to make the attempt to go to work, in my opinion.” In spite of the physician’s recommendation, the client has continued to work part-time (15 hours per week) for his father-in-law in a machine shop. If client is able to work part time, can we still give him an exemption for being “physically or mentally incapacitated”?

Yes. Many qualified medical personnel are reluctant to deem a patient “unable to work.” These persons might be able to work part-time and wish to do so in order to try and be self-sufficient, but they do not really have the physical or mental capacity to work full time. The intent of this policy is to have “able-bodied persons” become employed and to remain as such at a regular job. It is not the intent of the policy to “punish” those who realistically do not have the capacity to maintain regular full-time employment due to a documented medical disability. When a person presents such verification, the worker will exempt the client from work registration due to the fact that the person has a limitation to their ability to work.

Q2. Is only a statement from a doctor acceptable when certifying a person as physically or mentally unfit for employment?

No. In the absence of physical evidence, the information may come from any medically qualified source.

Q3. A person has been receiving SNAP benefits for a long time without working. He provided a doctor’s statement saying he is being treated for seizures and the seizures are not stable due to alcoholism. Is he exempt from work registration?

Yes. He has provided a statement from a medically qualified source that states he is being treated for seizures resulting from alcoholism. This indicates the person is not ‘able-bodied’ and would be exempt from work registration.

Q4. An individual has a pending SSA or SSI application or an appeal pending. Is this sufficient to meet the disability definition?

No. In the absence of physical evidence we must have information from a medically qualified source to substantiate the exemption.

Q5. An applicant provided a doctor’s statement declaring she is unable to work. However, the person currently works 10 hours a week. Is this person considered exempt from work registration?

This person is considered exempt from the work registration requirements. While he/she is currently working 10 hours per week, the doctor’s statement indicates the person is not “able-bodied” and therefore should not be penalized for working less than 20 hours per week, averaged monthly.

Q6. If a client is receiving Veteran’s Administration (VA) compensation benefits (not pension), does that client automatically meet the exemption of medically unfit for employment? Does the same apply for SSI recipients (not applicants)?

Yes. Receipt of VA compensation benefits indicates a disability decision and the percentage of disability assigned by VA has no bearing. The person can be 1 percent or 100 percent disabled through VA and be exempt from work registration. SSI recipients have also been determined disabled by SSA, so yes; the exemption applies to these persons as well. These individuals are participating in federal programs based on disability and so are considered exempt.

Q7. We have a client who has been diagnosed as HIV positive. Can he be exempt from work registration based on his HIV status? His doctor will not state whether or not he is able to work.

When a person is identified as being HIV positive, it is our position based on federal interpretation, the individual is exempt from work registration. The “able to work” statement is not the focus, but rather the identified physical disability. Be sure to only put in case notes that the person has a verified medical condition—do not disclose the client’s HIV status. Also, do not image any verification from a qualified medical professional confirming the HIV status.

Q8. If they say they are physically unfit for employment, can worker visually verify this?

Yes. Update case notes.

Q9. Does the statement from the medical professional need to say the client is unable to work?

No. The statement just needs to support that the condition would prevent the client from meeting the work registration requirement.

Q10. A head of household for a SNAP case declares a medical exemption from work registration, but has not provided any verification. Do we S/O the individual and process the case for the rest of the household members, or do we wait for the verification?

At initial application and interview, work registration requirements and exemptions should be discussed with the client. If the client does not have or provide verification of the medical exemption and agrees with work registration, register the client for work. If the client does not agree to register for work, follow instructions regarding contacting supervisor, or SNAP if applicable. An individual is S/O if they are disqualified.

If the SNAP case is at renewal, work registration exemptions should be discussed again. If verification of medical exemption was not submitted, register the individual for work if agreed.

Q11. A head of household for SNAP case declares a medical exemption from work registration and is receiving worker’s compensation from his current employer. Is he eligible for exemption?

Yes, this would be a work registration exemption as we can verify the receipt of the worker’s compensation.

Caretaker Exemption

Q1. A 30 year old client has a bedfast mother who lives in her own home and requires round the clock care. The client and her two siblings share caretaker responsibility. Can the client be exempt as a caretaker?

Yes. The caretaker exemption applies as the client is needed to care for her mother. The exemption applies whether they live together in the same SNAP household or not. The worker verifies the caretaker need with the disabled or incapacitated individual. If unable to do so, the worker will case note the reason why and that the client’s statement is being used as “best available” information.

Q2. A 25 year old client applies for SNAP benefits listing only himself in the household. During the interview he says he can’t work steadily as he needs to help care for his 5 year old disabled child who lives with his ex-wife and is included in her SNAP benefit household. Can this client be exempt as a caretaker for his disabled child?

Yes. The exemption applies as the client needs to help care for his incapacitated child that lives outside his SNAP household.

Q3. A SNAP household consists of two parents and one child, age 4. Both parents are unemployed. Can both parents be exempt from work registration as a caretaker?

No. Only 1 adult per child (under the age of 6), can be exempt from work registration as a caretaker. The other adult would have to meet another work registration or agree to register to work.

Q4. Two adult sons live with their mother, who is currently receiving treatment for cancer. They both previously held jobs and claimed separate household from their mother. The 2 sons are now unemployed. The worker received a statement over the telephone from the mother who confirmed that both of her sons care for her in a variety of ways from preparing meals, cleaning the home, and yard work.

Yes, both sons can be considered exempt from work registration for acting in the role as a caretaker for an incapacitated individual of any age. A doctor’s statement is not needed for the exemption to be allows.

Q5. We have a disabled client who has a D-case and her husband is in the home. Her husband was required to register to work since she did not provide a doctor’s note that he was needed in the home for her care. Was this correct?

No. The husband should have been exempt as a caretaker for his disabled wife if there was a declaration made by the client that he was needed to care for her. In cases where the client is receiving a disability payment, a medical statement is not needed to verify caretaker status. The person’s disability has already been established with the receipt of the disability payments. The client’s statement would have been sufficient to exempt the husband from work registration for being her caretaker.

Q6. SNAP benefits are active for a household of 1 adult and 1 child. Adult reports a change that their child is no longer in the home, and they would like to remove the child from the household. How would this affect Work Registration?

Work registration would need to be addressed if the adult was exempt from Work Registration based on being a caretaker of the child. The requirement for Work Registration would need to be discussed with client as well as review any ABAWD exemptions to see if the adult meets any of them.

Unemployment Insurance Benefits

Q1. Is a person exempt from work registration if he/she is drawing unemployment benefits?

Yes.

Q2. An individual has an appeal pending with OESC (unemployment). Is this individual exempt from work registration during the appeal process?

Yes. The appeal process is part of the application process for unemployment insurance benefits.

Q3. If the client states they have applied for UIB do we need verification of this?

Yes. This can sometimes be confirmed using our OWL screen in IMS.

Drug or Alcohol Addiction Treatment

Q1. Can an client who is taking Methadone and going to counseling once a week considered exempt from work registration?

Yes. If going to counseling once a week and taking the Methadone as prescribed is all part of a treatment plan, then this is considered a valid exemption. The time spent in treatment activities may vary according to the person and the need, but if it’s prescribed in his/her plan then it’s valid.

Q2. If a client is attending AA meetings in the evening and is not working, is he exempt from work registration?

If the AA meeting is part of a treatment plan, then the client can be exempt.

Q3. A client has been ordered to attend Drug Court in lieu of going to jail. Is Drug Court in itself considered a treatment plan to exempt the client from work registration as it involves several activities with various agencies in creating the tasks a person must complete?

No. Drug Court participation in and of itself, is not considered as a treatment plan for work registration purposes and is not sufficient for this exemption.

Q4. Must a treatment plan from a health services agency be in place that involves Drug Court?

Yes. In order for a participant to be exempt from work registration, the client must be a regular participant in a drug addiction or alcohol treatment and rehabilitative program, on a resident or non-resident basis. This may be verified through organizations or institutions operating the program.

Eligible Student Enrolled at least half-time

Q1. Is a person age 18 or older and still attending high school exempt from the work registration requirements?

Yes, if the person is attending high school at least half time, he/she is exempt.

Q2. Client attends GED classes 2 nights a week for a total of 4 hours. Does this exempt him from work registration rules?

In order to be considered exempt from the work registration requirements, the client needs to be enrolled at least half-time. ‘Half time’ enrollment is defined by the school or GED program and confirmation of what constitutes ‘half time’ enrollment is needed prior to using ‘eligible student’ exemption.

Q3. Can an 18 year old be exempt as a student for work registration purposes if he is being home schooled? If so, what verification is needed from the client?

Yes. An 18-year-old who is being home schooled for high school is exempt from work registration as he is still considered to be a student. Since home schooling is not regulated, you will take the client’s statement and document thoroughly.

Q4. If a student is age 18 in high school and lives alone, would they still meet the work registration exemption for student?

Yes. An 18 year-old attending high school at least half-time is exempt from work registration requirements.

Employed at Least 30 Hours per Week

Q1. The income of a school contract employee is averaged over 12 months regardless of when the income is received. Is the individual considered exempt from work registration requirements during the summer months while school is not in session?

Yes. We are considering the contract income as earned over a period of 12 months so we must also exempt the person from the work registration requirements. Under SNAP regulations a contract employee who derives their annual income in less than 12 months is considered employed for the entire year.

Q2. If we have a self-employed client who states they work 35 hours per week but say they make $200 a month, do we take their word for it?

Yes.

Q3. If they are self-employed not working 30 hours per week, do we look at gross self-employment earnings (before deduction for business expenses) to determine if the client’s weekly earnings equal at least the federal minimum wage times 30 hours/week?

Yes.

Miscellaneous

Q1. If client meets multiple exemptions, which do we use?

If the client meets multiple exemptions, the worker would use the exemption that is most permanent (the one that is least likely to change). Update case notes explaining that there is more than one exemption that applies and indicate which exemption is being used.

Q2. What if an individual loses their exemption that is not subject to the reporting requirements?

The individual must register to work at their household’s next recertification. For example, an individual at SNAP certification received a work registration exemption for working at least 30 hours per week. A month prior to re-certification, work hours were reduced to 25 hours per week. Work Registration would be required unless another exemption exists.